City asks judge to throw out Sarasota Walmart lawsuit

Published: Friday, October 4, 2013 at 1:56 p.m.

Last Modified: Friday, October 4, 2013 at 1:56 p.m.

SARASOTA - The city asked a judge this week to throw out a new lawsuit filed by owners of a Ringling Boulevard site, the latest step in a legal fight over Sarasota leaders' rejection of a proposal to build a Walmart there.

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An earlier suit seeking to undo the City Commission's April vote against the Walmart plan will go to court later this month, but the dispute shows no signs of being resolved soon. Meanwhile, the proposed site, a vacant shopping center, has only grown more desolate and area residents and business owners more embittered.

The city is defending against two lawsuits, both filed by the owners of the 9.7-acre lot at 2260 Ringling Blvd. Most recently, Louis Doyle and family members filed suit to overturn the commission's April decision to scrap the Doyles' deal with Walmart, which planned to build a 98,000-square-foot Supercenter there.

On Monday, the city answered with two motions in Sarasota County Court seeking to dismiss the second lawsuit. In one, the city argued that the court shouldn't rule on it because the first lawsuit, filed earlier this year, should take precedence. Seperately, City Attorney Bob Fournier argued again that, without a pending deal with Walmart — which terminated its contract for the proposed store after the city voted against it — or a constitutional issue, there is no consequence to the case.

"If that's not there, then what's the point?" Fournier said.

In the first suit, the landowners asked that the City Commission's vote be vacated and the Walmart plan sent back to the planning commission, which had approved it last year. That suit will be heard in court Oct. 16.

A hearing has not been set in the second suit. Walmart has not said what it will do if the property owners are successful in either case. An attorney representing the Doyles has declined to comment on the cases, but the lawsuits both argue that the City Commission erred in reversing the planning commission's decision, and that the Walmart plan was denied due process.

While those cases are pending, the property owners have used tow trucks to remove cars using the old shopping center's parking lot to visit other stores or the nearby courthouse. Fencing now blocks the path between some adjacent homes and Payne Park — the kind of access that had been a bone of contention for some residents who opposed the plan to build a Walmart there in the first place.

Residents who opposed the Walmart in April raised a variety of arguments, including increased traffic, the effect on families walking to nearby Payne Park, noise, and light pollution. Some said they don't like to see the lot stand almost empty, but wish the property owners would agree to have something else developed there, such as a mixed-use residential and commercial development.

But residents close to the property disagree about Walmart and about who would be most affected by it. Some who live adjacent to the property said they question whether the Walmart would hurt anyone and have grown impatient with the controversy.

Diane Ontko, who looks out her front door at the fencing surrounding the property, said she would be fine with having a Supercenter, or anything at all move into the site.

"It's going to be hard to get anything approved," Ontko said. "I would like to see something there, but I don't think it's going to happen, because somebody's going to complain."

Across the street, business owners were similarly frustrated with the lack of activity across the street, and the grafitti and occasional squatters the property attracts. Some sarcastically offered a solution to the dispute.

Dexter Arcadi, owner of Arcadi's Shoe Repair, at 2243 Ringling Blvd., said he was unimpressed with the arguments against the Walmart and thought the Doyles were righting to fight the city. Having a mostly empty lot across the street, he said, hasn't done anything for his business.

"I've been here for 50 years, and it's always been a shopping center. There used to be more traffic," he said. "Maybe they should make it a homeless shelter. At least make it something useful."

<p><em>SARASOTA</em> - The city asked a judge this week to throw out a new lawsuit filed by owners of a Ringling Boulevard site, the latest step in a legal fight over Sarasota leaders' rejection of a proposal to build a Walmart there.</p><p>An earlier suit seeking to undo the City Commission's April vote against the Walmart plan will go to court later this month, but the dispute shows no signs of being resolved soon. Meanwhile, the proposed site, a vacant shopping center, has only grown more desolate and area residents and business owners more embittered.</p><p>The city is defending against two lawsuits, both filed by the owners of the 9.7-acre lot at 2260 Ringling Blvd. Most recently, Louis Doyle and family members filed suit to overturn the commission's April decision to scrap the Doyles' deal with Walmart, which planned to build a 98,000-square-foot Supercenter there.</p><p>On Monday, the city answered with two motions in Sarasota County Court seeking to dismiss the second lawsuit. In one, the city argued that the court shouldn't rule on it because the first lawsuit, filed earlier this year, should take precedence. Seperately, City Attorney Bob Fournier argued again that, without a pending deal with Walmart — which terminated its contract for the proposed store after the city voted against it — or a constitutional issue, there is no consequence to the case. </p><p>"If that's not there, then what's the point?" Fournier said.</p><p>In the first suit, the landowners asked that the City Commission's vote be vacated and the Walmart plan sent back to the planning commission, which had approved it last year. That suit will be heard in court Oct. 16.</p><p>A hearing has not been set in the second suit. Walmart has not said what it will do if the property owners are successful in either case. An attorney representing the Doyles has declined to comment on the cases, but the lawsuits both argue that the City Commission erred in reversing the planning commission's decision, and that the Walmart plan was denied due process.</p><p>While those cases are pending, the property owners have used tow trucks to remove cars using the old shopping center's parking lot to visit other stores or the nearby courthouse. Fencing now blocks the path between some adjacent homes and Payne Park — the kind of access that had been a bone of contention for some residents who opposed the plan to build a Walmart there in the first place. </p><p>Residents who opposed the Walmart in April raised a variety of arguments, including increased traffic, the effect on families walking to nearby Payne Park, noise, and light pollution. Some said they don't like to see the lot stand almost empty, but wish the property owners would agree to have something else developed there, such as a mixed-use residential and commercial development. </p><p>But residents close to the property disagree about Walmart and about who would be most affected by it. Some who live adjacent to the property said they question whether the Walmart would hurt anyone and have grown impatient with the controversy.</p><p>Diane Ontko, who looks out her front door at the fencing surrounding the property, said she would be fine with having a Supercenter, or anything at all move into the site. </p><p>"It's going to be hard to get anything approved," Ontko said. "I would like to see something there, but I don't think it's going to happen, because somebody's going to complain."</p><p>Across the street, business owners were similarly frustrated with the lack of activity across the street, and the grafitti and occasional squatters the property attracts. Some sarcastically offered a solution to the dispute. </p><p>Dexter Arcadi, owner of Arcadi's Shoe Repair, at 2243 Ringling Blvd., said he was unimpressed with the arguments against the Walmart and thought the Doyles were righting to fight the city. Having a mostly empty lot across the street, he said, hasn't done anything for his business.</p><p>"I've been here for 50 years, and it's always been a shopping center. There used to be more traffic," he said. "Maybe they should make it a homeless shelter. At least make it something useful."</p>